Interpretation of Policy
This Policy contains a number of words and phrases which should be interpreted in accordance to the meaning allocated in the Definition list below. These words will be capitalised for ease of reading and interpretation. Further reference to the interpretation will be set out in the Interpretation Guide below.
In this Policy, headings are for convenience of navigation, and will serve no purpose in the interpretation of any clauses.
And reference in this document to the male will include the female or neuter, and vice versa.
Any reference in this document to the singular also includes the multiple, and vice verso.
If any reference is made to a party undergoing insolvency, liquidation or sequestration or business rescue, the Policy will be extended to being applicable on the relevant liquidator or trustee.
Any Reference made to a number of days will be calculated in a similar manner as court days.
All annexures, addenda and amendments to this Policy form an integral part of this Policy and, therefore, our contract with you.
The following words and phrases bear the meanings assigned to them below and related expressions bear corresponding meanings:
“Client” means any legal or juristic person that entered into a contracts with CME Marketing Enterprises CC for the use of the Services, typically insurance providers, service providers, distribution service providers, financial service providers, retailers and related service providers;
““CME Marketing Enterprises CC”, “our”, “us” and “we” means or are references to CME Marketing Enterprises CC, a close corporation incorporated (CC/2021/05233) in accordance with the laws of Namibia;
“CME Marketing Enterprises CC’s Associates” means any person completing work on behalf of CME Marketing Enterprises CC in respect of whose actions CME Marketing Enterprises CC may be held to be vicariously liable;
“Consumer” means the end users or Consumer to which the products are marketed by CME Marketing Enterprises CC for the purpose of lead generation.
“Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;
“Damages” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses -including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties;
“Data” means any information gathered be CME Marketing Enterprises CC, which includes information provided by the Consumer and information gathered with analytic software.
“Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;
“Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
“Namibian Law” means all and any laws and regulations of the Republic of Namibia;
“Party” means either CME Marketing Enterprises CC or you as the context may indicate;
“Personal Information” means and information that can be directly linked and is unique to any Consumer;
“Service” means the services provided by CME Marketing Enterprises CC, which includes the marketing of products and services on behalf of the Clients, as well as the Clients or their brands, by means of any platform, including SMS, email, digital ads, physical ads and any other means necessary;
“Terms” means the terms and conditions which govern use of the Service, as amended from time to time, as provided on this website.
“Third Party” means a party other than the Client and CME Marketing Enterprises CC;
“use” when used in the context of -
a website (whether it be the website affiliated with CME Marketing Enterprises CC or a Third Party Website), means to visit, load in a web browser or similar software application or device or otherwise engage with a website;
Any interaction with the Service is a voluntary submission of Data to CME Marketing Enterprises CC by the Consumer. The personal information submitted will be stored and used in line with this policy. CME Marketing Enterprises CC will also reserve the right to use the submitted data and share the data with our Clients, as well as using the data to optimise advertising campaigns. The Clients will contact the Consumers based off their data to market their products and services directly to the Consumer. By submitting your date to CME Marketing Enterprises CC you agree to be contacted directly our Clients. The Data will further be used to enable CME Marketing Enterprises CC to convey your opinions and preferences with regards to our client’s services and products. This will ensure that your concerns can be addressed.
Personal information CME Marketing Enterprises CC collects from you
We may collect the following information:
information requested when registering to use or when otherwise using the Service;
a list of the products or services you display an interest in;
your name and contact information, including email address and location;
identifiers such as your identity number or passport number;
information relating to your use of our customers’ products and services;
movement or behaviour while engaging with the website;
preference on receiving opted-in communications;
information regarding your personal or professional interests, demographics, income, age, location, experiences with our products and contact preferences in order to provide you with further correspondence about our products and services; and
We may intercept and monitor your communications.
We may implement systems designed to intercept and monitor and record your communications in accordance with Namibian laws.
Personal information automatically collected
When you use the Service, CME Marketing Enterprises CC automatically receives and records analytic information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested.
CME Marketing Enterprises CC uses this data in aggregate form and we may provide this aggregate information to our customers to indicate the collective behaviour and interests of their client base.
Consent to collect from external sources
You consent allowing CME Marketing Enterprises CC to verify your information from multiple external sources, to ensure our data is accurate and updated frequently.
CME Marketing Enterprises CC has taken numerous precautions to ensure that all personal data submitted to us remains protected. We have cyber security software in place to ensure that your data is not shared with any unauthorised entities. The integrity of your privacy is of cardinal importance, and CME Marketing Enterprises CC implements all reasonable measures to insure that it is never compromised. By submitting information to us you consent to our use of external security measures for your safety. You further accept that CME Marketing Enterprises CC will not be held liable if any of these measures are compromised. If you prefer us to not subject your data to third party security, kindly contact us before submitting data.
Why we collect Data
Collecting Consumer information allows us to provide the Service for our Clients, as well as providing a better experience to the final Consumers. We track information to ensure the following:
Connecting the Client to the Consumer, and indicating the Consumer’s interest for a more effective product;
Allowing us to track Consumer activity, to simplify areas where the Consumers struggle;
Allowing the products and services the Client provides to be improved to fit the market;
To enhance the development of a more effective platform;
To enhance the feedback time between the Client and Consumer;
To ensure the correct products are marketed to interested Consumers;
To provide information on community interest:
To ensure that the Client services are well promoted and explained:
To ensure the consumers qualify for the Client’s services;
To assist with internal record keeping, administration and reporting;
To allow the Client to contact the Consumer;
To ensure Consumer Information is up to date;
To improve products and services;
To prevent criminal activity;
To allow for use in any competitions and promotions;
To conduct proper market research:
To notify Consumers and Clients of changes to products they indicated interest for;
To collect data that can be used for training purposes and analysis
CME Marketing Enterprises CC will not use any personal details for any purpose not agreed to with submission. CME Marketing Enterprises CC will also not use your information for mailing lists or messaging campaigns without explicit consent. You may at any stage contact CME Marketing Enterprises CC with a written request to remove your information or to not contact you with the information provided, or to alter the method of communication.
If you agree to direct marketing, CME Marketing Enterprises CC will contact you directly in such a way as you agreed with regarding any relevant services, products, campaigns, competitions, promotions, launces or specials related to the Client you indicated interest in, or for CME Marketing Enterprises CC. Direct marketing will not be used unless you have explicitly opted in to such services. The Consumer also has the discretion to opt out of direct marketing at any time by a written request. All out Services, including direct marketing is subject to the relevant Terms and Conditions for the specific Services.
Third Party Services
CME Marketing Enterprises CC also utilises third party services to link and process the information gathered. The storage and usage and security of these systems are outside of the control of CME Marketing Enterprises CC. You can at any time contact us about these services and we will provide you with their Privacy Policies and applicable Terms and Conditions.
Some CME Marketing Enterprises CC Services and web pages may track and store files locally on your computer or phone. These files are called cookies, and enable us to optimise the user experience of the platform. The Consumer has full power over the cookies, and can block the saving of cookies or delete the existing cookies via the web browser used. .
Sharing Your Information
CME Marketing Enterprises CC will not sell or distribute private consumer information without direct consent, outside the ambit of this policy. Exceptions to this is where such disclosure is required by law, where the information must be shared to provide the Service to our Clients or third-party service providers in order to comply with our security measures or in furtherance of the Service. We can further utilize any information in any way that is compliant with the Laws of Namibia.
Contact CME Marketing Enterprises CC if you wish to update or change any personal information that is incorrect or incomplete. We will make such modification at the earliest convenience.
Storing Personal Information
By submitting information, you consent to CME Marketing Enterprises CC storing such data indefinitely, and processing and using such information without the need to notify you, unless requested to remove such information in writing.
CME Marketing Enterprises CC holds exclusive ownership of all its content and all content that is made available to the public in relation to our Services. Such content may only be used by the Consumer subject to the revocable permission of CME Marketing Enterprises CC. The right to use this Service or any of the published content may at any stage be revoked or cancelled, and cannot be transferred. The extent of such right is limited to the extent necessary for the Consumer to utilise the Service. Such right is a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive right.
The Consumer agrees they do not acquire any further rights over the Content other than granted above.
Some of the provisions in this Policy serve the purpose for limiting legal liability for CME Marketing Enterprises CC, and placing the onus on the consumer to ensure certain provisions are complied with. It is also the responsibility of the Consumer to ensure that they are familiar with all provision before actively or tacitly agreeing to this contract.
Legal Age and Capacity
You may not use the Service and may not accept this Policy if you -
lack the legal capacity to enter into a binding contract with CME Marketing Enterprises CC;
are a person who is not permitted to access or use this Service under the laws of the country in which you are resident or from which you access the Service; or
require the consent of a guardian or parent to competently agree to this Policy and have failed to obtain that consent.
By using the Service and/or content made available through the Service (“Content”) you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being this Policy.
The purpose of this Policy is to limit the legal exposure to CME Marketing Enterprises CC and any of their affiliates. The onus is therefore placed on the Consumers to verify their information. This Policy does also limit a few of the right of the Consumer, the onus is on the Consumer to make sure they read and understand the Policy before submitting any information or Data. By interacting in such a manner, the Consumer admits that they understand and voluntarily agrees to the provisions held here within as well as any terms in the Terms and Conditions.
Documents and notices
All communications and notices as per this Policy and Terms and Conditions will be sent to Support.Cme.com.na, or the address provided under the definitions.
You indemnify CME Marketing Enterprises CC from any Losses attributable to your use or miss-use of the Service.
Third Party goods, services and websites
CME Marketing Enterprises CC however does not automatically hold any relationship with any Third Party platforms, and cannot be held responsible in any form or way for the content or function of such platform, services or goods. The Consumer takes sole responsibility to familiarise and accept any terms and conditions provided by such a Third Party. The Consumer also agrees by interacting with the Service to waive any liability arising from any Third Party as far as it relates to CME Marketing Enterprises CC, and proceeds solely at their own risk.
Use of and reliance of Service is entirely at own risk. The Service is provided “As Is” and “As Available”.
CME Marketing Enterprises CC waives all liabilities and warranties to the fullest extent permissible by the law of Namibia. CME Marketing Enterprises CC makes no express or implied warranties or guarantees of any kind.
CME Marketing Enterprises CC further cannot be held responsible for any information lost, leaked or corrupted. We further cannot be held responsible for any Damages arising from any cause. CME Marketing Enterprises CC does however take all reasonable precautions to limit the possibility of such Damages occurring.
CME Marketing Enterprises CC will also ensure that the Service is at all applicable times available and running, however, cannot be held liable in the event that such a Service is disrupted. CME Marketing Enterprises CC cannot be held liable for any Damages resulting from interruption or unavailability of such Service for any reason.
Law and jurisdiction
CME Marketing CC and the Service, as well as any person interacting with the Service irrevocably subjects themselves to the law of the Republic of Namibia as in effect at the time of the interaction.
The Consumer further agrees by interaction to the jurisdiction of the High Court of Namibia situated in Windhoek, for any dispute arising from the use of this Service that cannot be resolved via mitigation.